Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, arrest

[Whiskey_Bravo]

http://seattle.cbslocal.com/2014/06/...face-contempt/

The ****? Guy gets full custody because CPS took the kid away from the mother. Kid is with his current wife while deployed on a sub and the judge is pulling this shit and refuses to even give a 90 day stay? WTF? And he wants to take the girl away from her father/step mother to give her to the mother that sucked enough to get custody taken away?



Judge Orders Deployed US Sailor To Attend Custody Hearing Or Lose Daughter, Face Arrest

A U.S. Navy sailor from Washington State is currently serving on a submarine thousands of miles away in the Pacific Ocean, but a judge has ordered him into an impossible custody scenario: Appear in a Michigan courtroom Monday or risk losing custody of his 6-year-old daughter.

Navy submariner Matthew Hindes was given permanent custody of his daughter Kaylee in 2010, after she was reportedly removed from the home of his ex-wife, Angela, by child protective services. But now a judge has ordered him to appear in court Monday, or risk losing his daughter to his ex-wife in addition to a bench warrant being issued for his arrest, ABC News reports.

Hindes’ lawyers argue he should be protected by the Service Members Civil Relief Act, which states courts in custody cases may “grant a stay of proceedings for a minimum period of 90 days to defendants serving their country.”

But the Michigan judge hearing the case, circuit court judge Margaret Noe, disagrees, stating: “If the child is not in the care and custody of the father, the child should be in the care and custody of the mother.”

The judge reiterated that regardless of Hindes’ assignment under the Pacific Ocean, he will appear in court or face contempt of court.

Judge Noe denied the motion for a stay under the Service Members Relief Act, ruling that he could have arranged for his wife to bring the child to her mother, saying, “At this point, I don’t think I have any alternative but to enter a bench warrant for his arrest,” Noe said.

Hindes is not allowed to appear by Skype or phone, and as with most custody cases, not being present in the courtroom often has a large impact on the outcome of the custody ruling.

Hindes’ young daughter Kaylee is currently living with her step-mother in Washington State.

“He’s protecting the rights of others, but who is protecting his rights?” said Hindes’ current wife and the child’s step-mother, Benita-Lynn. Six-year-old Kaylee has been living with Benita-Lynn in Washington State while Hindes is deployed aboard the nuclear submarine.

“I’m just trying my best, to keep everything together,” a weeping Benita-Lynn told ABC News. “It’s just hard.”

[skydivr]

Sailor needs to get his command involved, NOW. Quick phonecall to the JAG will probably get him in contact with someone to represent him pro-bono...

[Grand58742]

The judge reiterated that regardless of Hindes’ assignment under the Pacific Ocean, he will appear in court or face contempt of court.

Judge Noe denied the motion for a stay under the Service Members Relief Act, ruling that he could have arranged for his wife to bring the child to her mother, saying, “At this point, I don’t think I have any alternative but to enter a bench warrant for his arrest,” Noe said.

So exactly how is this not a violation of the Soldiers-Sailors Act?

[Whiskey_Bravo]

Seems like a giant case of BS on the judges part. I wonder if the father even knows about the situation being on a sub and all?

[SteyrAUG]

How did I know judge Margaret Noe would look about like this.

[Big A]

I would say to contact the Cheif Judge of this circuit but from what I can find it seems she is the Cheif Judge so her boss is the Governor of Michigan.

Perhaps these people could help on this sailors behalf:
http://www.lenawee.mi.us/departments...d-of-the-court

Maybe they can pressure the judge to grant the 90 day stay if we send them enough emails about this case.

[Whiskey_Bravo]

Someone should probably step in to help on his behalf. Not a lot the guy can do from where he is at. Dudes get the short end of the stick as it is in custody cases, and in this case the judge broke his already short stick in half and beat him with it.

[Grand58742]

Someone should probably step in to help on his behalf. Not a lot the guy can do from where he is at. Dudes get the short end of the stick as it is in custody cases, and in this case the judge broke his already short stick in half and beat him with it.

I really don't like the ACLU most of the time, but this is one of the occasions where they are tailor made to step up and smoke the hell out of that judge.

[chuckman]

I really don't like the ACLU most of the time, but this is one of the occasions where they are tailor made to step up and smoke the hell out of that judge.

Damn skippy.

Sidebar: I once shared an office with about 5 or 6 social workers (I am not one), all but two were liberal anti-everything women. I hung a Glock calendar on the wall in my 'partition.' Said wenches threatened to call HR because of the gun porn. HR called me, said it was harassment. I called ACLU. The dude said although he personally disagreed with my pro-gun stance he would be happy to bring the ACLU to bear. The threat was enough to get all parties to simmer down. If you have a civil liberties/rights case, they usually will step in,

[Whiskey_Bravo]

What should be the process to get someone involved? I clearly think that it should be looked into as a guy on a sub can hardly get even remotely a fair shake.